Legal Question in Criminal Law in Pennsylvania

I have a question. I have had several dealings with the local school principal and my child's teacher. I have sent several emails and have made several calls. I wasn't being nice in those emails, however I made very certain to not be threatening at all. Each time I emailed or called I had a legitimate reason to do so. I had a problem with the way the school had handled a situation with my child or a problem with the way I treated her. I was obviously unhappy.

The principal told me today that he was going to have me charged with harassment and/or disorderly conduct.

It is my belief that that I didn't harass because I had a legitimate reason to contact them when I did and that I have a constitutional right to state my opinion about the situation and the person with whom I dealing with.

For example, I called the principal a "communist ass". It's my opinion. I believe it is constitutionally protected speech. I am dealing with a goverment official (public school principal).

Am I correct? I understand that I can't prevent being arrested by the local police, however do I have a good defense in criminal court?


Asked on 12/14/09, 9:48 am

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

The emails would worry me more than the phone calls. Emails can be brought into court.

One thing you must NOT do is talk to the police. Unless of course you want to be convicted. You have a 5th amendment right to keep your mouth shut, Do so,

Next do you want this to go away or something else?

{John}

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Answered on 12/20/09, 8:29 pm


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